Copyright Policy

1. The copyrights of authors and other creators must be respected. Any use of
copyrighted materials in violation of copyright law is a violation of school policy.

2. Copyright protected materials should not be used for educational purposes,
including use in a classroom setting, as instructional materials, or otherwise unless the
educator has either obtained permission of the copyright owner for the use in question, or
the use is a privileged under copyright law.

3. Where time and circumstances permit, educators should obtain the permission of
the copyright owner for the use of the materials in question unless such use is clearly
privileged.

4. Use of work is privileged if it either qualifies under a statutory exemption such as
the TEACH Act (granting extended use rights for various class uses of instructional
materials under Section 110 of the Copyright Act), or qualifies as a fair use, and meets
the Law School's Copyright Use Policy. Use of a work is also privileged if the use is
within the scope of an applicable license for use of the work.

5. Educators cannot direct third parties, including without limitation staff, faculty or
students, to use a copyrighted work in a manner which violates copyright laws and/or this
Policy.

6. In order to avoid violating this Policy each educator must evaluate each work
which s/he intends to use in connection with educational activities, using the guidelines
set forth in this Policy.

7. When copyrighted materials are provided to students, including through posting
of materials on websites associated with a course, a notice regarding the copyright
protectable nature of such materials must be provided. The Administration shall
promptly establish procedures regarding the form and placement of such notices and shall
be responsible for revising any such form and placement in accordance with legal
obligations under copyright law.

8. When in doubt as to whether a proposed use complies with this Policy, educators
must contact the individual[s] designated by the Administration to determine if their
proposed use complies with the Policy. The Administration shall designate individual[s]
to develop and thereafter assume responsibility for establishing and managing a set of
procedures that will allow individual faculty members who may need permission to use
copyrighted materials in their classes to obtain permission from the pertinent copyright
holders. At the individual faculty member's option, this designated person (or his or her
delegates), rather than individual faculty members, shall handle the ministerial task
of obtaining necessary copyright permissions. Where materials are used for in class
instruction, JMLS itself, rather than individual faculty members, shall bear the
reasonable cost of obtaining needed copyright permissions. For materials which are used
as outside class study materials, the students shall bear the reasonable costs of necessary
permissions. The arrangements for such costs shall be made by person[s] designated by
the Administration and shall not be the responsibility of the individual faculty member.

9. The policy only applies to the ability to use materials under copyright law and
does not address other laws which may prohibit or restrict the intended use, including, for
example, privacy, right of publicity and contract. The policy does not confer legally
enforceable rights upon any third party, and shall not be interpreted to expand the scope
of copyright protection or prohibit any otherwise legal use of copyright protected
materials.